Terms of Use

The spotviewer portal (“we, us and our”) provides retail business, media outlets and their agents (“you”) access to a variety of customizable commercials (for broadcast, cable, internet, point-of-purchase, screen) through its website Car Dealer Spots.  You and your advertising and other agents are bound by the Terms of Use set forth below.

By registering to use our website, you are agreeing to comply with the following Terms of Use. 

These Terms of Use are the legal principles that control your use of our website and purchase of our production services.  We have the right to modify these Terms of Use as described below.  Please review the Terms of Use periodically to stay current on changes or modifications.

Registration and Your Responsibilities

As a registered user of the website, you make the following representations and commitments:

1.         You are at least 18 years old and are authorized to purchase advertising for the business you represent.

2.         You will pay the production fees and applicable taxes for all commercials ordered through the website.

3.         You have provided complete information for your account, including your full name, the legal name of the business, a current address, phone number and email address.

4.         Your use of our website complies with these Terms of Use, the Privacy Policy and all applicable laws, rules and regulations.

5.         You are responsible for maintaining the security of your account and password and will be liable for any activity using your account and password, whether or not authorized. 

6.         You are responsible for all content (data, graphics, and links) provided to us with respect to your account. You represent and warrant that you own such content and its use will not violate any laws, rules and regulations or the rights of any person or entity.

7.         You are responsible for the accuracy of information you submit to us, and for review and approval of the commercials provided to you by us.

8.         You will defend, indemnify and hold us harmless from any and all liabilities, damages and expenses (including interest, attorneys’ fees and costs) we incur or which are asserted against us by a third party that result from your breach of these Terms of Use or the Privacy Policy.

If you do not comply with these requirements, we may terminate your access to the website and/or your use of the custom commercials.

Access to Website

We will allow you access to the website to preview commercials and choose which commercials you desire to have us produce for non-exclusive use in your market.  We grant you a personal, non-exclusive, non-transferrable license to view the commercials on the website only in connection with your potential purchase of the commercials.  You may not copy, reproduce, distribute, broadcast or sell the commercials, or create derivative works based in whole or in part on the commercials, except with respect to commercials for which you have purchased production services from us.

Use of Customized Commercials

For those commercials you choose to have us produce, you will receive a limited license to use your commercials for a period of 18 months.  During this time period, you will have the following rights: 

  • If you broadcast your commercials on network television stations, you may do so in the broadcast industry’s Nielsen Designated Market Area (“DMA”) based on your zip code.  The DMA is subject to our approval.  When you use this media, we may provide other customized commercials to your competitors, but only you will have the limited license to show your customized commercials on television networks in the DMA
  • If you show your commercials on cable television stations, you may do so on those cable channels disclosed to us.  The cable channels are subject to our approval.  When you use this media, we may provide other customized commercials to your competitors, but only you will have the limited license to show your customized commercials on the designated cable channels.

If you place your commercials on your website, you may do so but must confirm to us your intent to show your commercials on your website.  When you use this media, we may provide other customized commercials to your competitors.

Production of Customized Commercials

After you order from our website the commercials you wish to use for your business, we will contact you to obtain the content necessary to produce your customized commercials and to make payment arrangements.  You must provide to us accurate and complete content for use in your customized commercials.  We reserve the right to reject any content we deem, in our discretion, to be unlawful, infringing, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate the rights of any person or entity.

Changes requested after we begin production of your customized commercials may be subject to additional charges.  You will be given the opportunity to review your customized commercials prior to their release and distribution to media outlets and posting on your website.    You will be asked to approve the accuracy and completeness of the commercials, including your business name, address, phone number, website domain name and any linked sites.  If changes are required after you have approved the commercials, you will be responsible for additional charges.

The timely supply of information and review of commercials is essential to our performance of the production services.  We will not be liable for any delay in production if the delay results from any failure to cooperate on your part.

Production Service Pricing

All prices are shown on our website.  In rare instances, prices or other information on the website may be inaccurate.  We will correct any and all errors and provide to you accurate information as soon as possible.  We are not obligated to honor inaccurate prices under any circumstances.  We reserve the right to change prices on the website without additional notice to you. 

Payment Terms

Payments for production of your customized commercials must be made as agreed with us at the time you place your order.  Prices and payment requirements will be confirmed by digital agreement, email or by telephone contact.  If you fail to make payment as agreed, we reserve the right to immediately cease production services and may terminate your access to the website and/or your use of the customized commercials.

Cancellation

In the event you cancel your order after we have started production of your customized commercials, but before they have been provided to you for your review, you will be responsible for one-half the order price.

Ownership of Content and Commercials

You will retain ownership of all content provided to us for use in the production of your customized commercials.  Each commercial is owned exclusively by us.  The customized commercials, including any modification or update made during production, are licensed to you solely for use in your business and not sold.  We retain all right, title and interest, including copyrights, in and to the customized commercials along with the right to create derivative works from them, subject to the limited license granted to you and to your rights in content.

Limited Warranty on Production Services

We warrant the production of your customized commercials will be performed in a professional and workman-like manner.  This warranty will remain valid until the earlier of one month after completion of production services and delivery of your final commercials, or the date you first deliver to television networks or cable television stations or post to your website your customized commercials.  You must provide notice to us of a breach of this warranty within the time limits described.  Your sole and exclusive remedy for breach of this warranty, and our entire liability, will be to re-perform the production services that breached the warranty and provide you new or corrected customized commercials.  If you fail to timely notify us of a breach of this warranty, we will re perform the production services but you will need to pay the cost of reproducing the services. 

Disclaimers

You acknowledge and agree that:

1.         OUR WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.  THE LIMITED WARRANTY PROVIDED ABOVE IS THE EXCLUSIVE WARRANTY WITH RESPECT TO OUR PRODUCTION SERVICES.  WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING FROM OR RELATING TO USE OF OUR WEBSITE AND PRODUCTION SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

2.         WE DO NOT AND CANNOT WARRANT YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR OR VIRUS FREE, OR THE RESULTS FROM THE USE OF THE WEBSITE OR THE CUSTOMIZED COMMERCIALS OBTAINED THROUGH USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS.

3.         USE OF OUR WEBSITE IS AT YOUR SOLE RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OUR WEBSITE.

4.         NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Our total liability to you for damages is limited to the payments made by you to us for customized commercials purchased under these Terms of Use.

Our Remedies

If you breach these Terms of Use, we will be entitled to all remedies available under applicable laws, including, but not limited to, recovery of interest, attorneys’ fees and costs.

Prohibited Activities

You agree not to engage in any of the following activities:

1.         Copying, reproducing, duplicating, distributing, broadcasting, reselling or exploiting any of the commercials, or creating derivative works based on them, except as allowed following the purchase of production services from us.

2.         Modifying, adapting or hacking our website or modifying another website to falsely imply that it is associated with our website.

3.         Copying or using proprietary materials, including copyrighted text, graphics and designs without our express written permission.

4.         Submitting content that is unlawful, infringing, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates the rights of any person or entity or these Terms of Use.

5.         Spamming, mail bombing, spoofing, pharming, phishing or other fraudulent or harmful use of our website.

6.         Transmitting any virus, worm, software lock, drop dead device, trap door, back door, time bomb or similar harmful program.

7.         Any verbal, written or other abuse or threats made to our officers, employees, owners, agents or affiliates.

Consent and Changes to Terms of Use

This is our entire Terms of Use and it supersedes any earlier version.  We may occasionally update or modify these Terms of Use.  When a revision is made we will revise the “last updated” information at the beginning of these Terms of Use.  We encourage you to periodically review these Terms of Use.  Your continued use of website constitutes your consent to these Terms of Use and any updates.

General Terms

1.         Our failure to enforce any right or term in these Terms of Use will not constitute a waiver of such right or term.

2.         The Terms of Use and our Privacy Policy are governed by and must be interpreted according to the laws of the State of South Dakota, without regard to conflicts of laws principles.

3.         You agree that any legal action arising from or related to the Terms of Use, or the use or inability to use the website, commercials and production services, will be brought only in the state or federal courts located in Sioux Falls, Minnehaha County, South Dakota, and you consent to the jurisdiction of such courts.

Customer Service

We welcome your questions about these Terms of Use or our commercials and production services.  Please contact our Customer Service.